Ramdhari Yadav v. The State Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10792 of 2020 ====================================================== RAMDHARI YADAV Son of Late Deo Yadav Resident of village- Sahiyar, Police Station- Simri, District- Buxar ... ... Petitioner/s

Versus

1.

The State Bihar 2.

The Principal Secretary, Department of Home, Government of Bihar, Patna 3.

The Commissioner, Patna Division, Patna 4.

The District Magistrate, Patna 5.

The Conducting Officer-cum-Sub-Divisional Officer, Dumraon, DistrictBuxar 6.

The Representing Officer cum-Circle Officer, Simri, District- Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar For the Respondent/s :

Mr. Sheo Shankar Prasad SC 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 12-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"I. For issuance of a writ in the nature of certiorari or any other appropriate writ, for quashing of the order as contained in Memo No. 02-2013 dated 30.11.2018 issued under the signature of District Magistrate, Buxar whereby and whereunder it is observed that after conclusion of departmental proceeding in the enquiry report all the charges levelled against the petitioner are found to be fully proved and hence in light of above, the District Magistrate, Buxar inflicted punishment of dismissal from the post of Chaukidar with effect from the date of issuance of order under Rule 14

Patna High Court CWJC No.10792 of 2020 dt.12-01-2022 2/2 (xi) of Bihar Government Servant (Classification Control and Appeal) (Amendment) Rule 2007.

II. For issuance of a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding upon the Respondents to reinstate the petitioner on the post of Chaukidar w.e.f. 30.11.2018 as the punishment of dismissal has been passed on the basis of wrong assumption of facts, is evident from proceeding conducted against the petitioner. III. For holding that the order of dismissal passed against the petitioner is totally illegal and not sustainable in the eye of law, as is based only upon conjecture and surmises and on wrong assumption of facts.

IV. For issuance of any other writ or direction which your Lordships may deem fit and proper in the facts and circumstances of the case."

3. Petitioner has invoked appeal remedy by filing Service Appeal No. 10 of 2019 against the order of dismissal and it is pending consideration before the Appellate Authority. Therefore the Appellate Authority is hereby directed to decide the petitioner's Service Appeal No. 10 of 2019 within a period of four months from the date of receipt of this order.

4. With the above observation, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 19.01.2022 Transmission Date